GURMEET Vs. PIARA SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the concurrent finding of facts recorded by the Court below whereby the suit of the plaintiff-respondent (herein after to be referred as "the respondent") has been decreed.

(2.) Brief facts of the case set up by the respondent is that appellant was owner of the suit land and on 04.03.2008 he entered into agreement to sell the same to the respondent for a sale consideration of Rs.9 lacs out of which he received Rs.7 lacs as earnest money. On 03.03.2009 i.e the date of execution/ registration of the sale deed was fixed but appellant did not remain present in the Tehsil complex, Bolath and respondent remained present along with sale consideration and sale expenses.

(3.) Upon notice, appellant filed his written statement stating therein that the alleged agreement dated 04.03.2008 is false, fraudulent and forged document being played by the respondent upon him. Earlier appellant agreed to sell his 5 kanals of land situated in village Khassan to Gurbachan Kaur to the wife of the respondent @ Rs.30 lacs per acre. Later on in the presence of the respondent, a sale deed was got executed from appellant on 18.02.2008 regarding the said 05 kanals of land in favour of Gurbachan Kaur but in the said sale deed, the sale consideration was mentioned as Rs.5 lacs only to avoid the stamp duty by respondent and his wife. No sale consideration was paid to him, as mentioned in the sale deed. At the time of execution of the sale deed, the thumb impression of the appellant were obtained by the respondent and his wife on several stamp papers registers etc. under the pretext that they are necessary to prepare a receipt regarding the payment of the amount. The rate of the suit land in the year 2008 was Rs.30,00,000/- per acre. Further the suit land was mortgaged with the Bank for a sum of Rs.4,44,000/- but the balance amount in the agreement was kept only Rs.2,00,000/-.